Court Declares The Removal of Bayelsa State INEC Commissioner Unconstitutional, Orders Payment of N70 million
The National Industrial Court has declared the removal of Prefa Freedom and Barry Ikosomi from Bayelsa Independent Electoral Commission as unconstitutional.
Justice Bashar Alkali of the Yenagoa Judicial division made the declaration on Wednesday.
In his ruling, Justice Alkali ordered the Bayelsa State Government and its Attorney-General to pay Hon. Prefa Freedom and Hon. Barry Ikosomi the sum of N24.5m, N45.5m respectively being their total monthly net pay for the unexpired period and severance gratuity.
The claimants, Hon. Prefa Freedom and Hon. Barry Ikosomi in their submissions told the court that on November 30, 2009, they were appointed commissioner of the Bayelsa State Independent Electoral Commission and member of the state INEC respectively.
On February 15, 2012, the state governor announced the dissolution of the state INEC and the removal of the claimants as commissioner and member of the Bayelsa State Independent Electoral Commission.
The claimants averred that the State Government abruptly terminated their appointment through the government-owned media without recourse to the constitutional procedure laid down for their removal.
In 2012, they instituted a case against the defendants and judgement was given in their favour but was later struck out by the apex court for lack of jurisdiction and they were asked to present the case before the National Industrial court.
The Defendants, the Bayelsa State Government and its Attorney-General argued that the Court lacked the power to review the judgment of a court of coordinate or concurrent jurisdiction nor that of an appellate court.
They also contended that the matter has been caught by the statute of limitation of action and urged the court to dismiss the case in its entirety.
Matthew Opukumo, the claimants’ counsel, prayed the court to discountenance the submission of the defendants and grant the reliefs sought by his clients.
Ruling in the matter, Justice Alkali held that Hon. Prefa Freedom and Hon. Barry Ikosomi has not lost the opportunity to re-commence the suit again since the judgment of the Court of Appeal did not dismiss the claim of the Claimants; dismissed the objections for lacking merit.
He held that the appointment of the claimants was protected to some extent by statutory provisions and cannot be removed at the whim and caprice of the State Government that the procedure for bringing their appointment to a lawful end must be complied with.
The court also held that the dissolution and removal of claimants on the 15th of February 2012 were unconstitutional and unlawful in regard to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 {as amended}.
“Following the pleadings before this court, and the provisions of Section 197 and 201 of the Constitution, the Governor of Bayelsa State is bereft of the constitutional power to remove the Claimants from office in flagrant disobedience to the provision of Section 201 of the Constitution.
“I hereby hold that dissolution of the Bayelsa State Independent Electoral Commission without compliance with Section 201 of the Constitution is null and void. And as such the claimants are entitled to reliefs {1} and {2}.
“I order that all the terms contained in this judgment be complied within 30 days,” the court ruled.
Consequently, the Court awarded the sum of N2,000,000.00 {Two Million Naira} as damages and the sum of N300,000. 00 as the cost of action against the State Government and its Attorney General.
